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U.S. v. MARTINEZ

No. 96-40483.

106 F.3d 620 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Alberto MARTINEZ, also known as Alfredo Martinez, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 13, 1997.

Attorney(s) appearing for the Case

Richard A. Friedman, U.S. Department of Justice, Criminal Division, Appellate Section, Washington, D.C., Paula Camille Offenhauser, Assistant U.S. Attorney, Timothy G. Hammer, U.S. Attorney's Office, Houston, TX, for plaintiff-appellant.

Ron S. Barroso, Corpus Christi, TX, for defendant-appellee.

Before HIGGINBOTHAM, SMITH and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The government appeals the sentence given to Alberto Martinez stating that the district court incorrectly applied the sentencing guidelines to determine the base offense level for perjury in relation to a criminal offense. We conclude that a conviction on the underlying offense is not required, vacate the sentence and remand for resentencing consistent with this opinion.

I.

At an initial hearing on charges...

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